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PEOPLE v. LEE

2053, 1087/13.

143 A.D.3d 643 (2016)

2016 NY Slip Op 07085

40 N.Y.S.3d 90

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID LEE, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 27, 2016.

Assuming defendant's challenge to the court's receipt of additional direct testimony at a suppression hearing was preserved, we find that the hearing court properly exercised its discretion in permitting the People to ask additional questions on direct examination of a police witness after they stated that they had no further questions, because the court had not yet ruled on the suppression motion (see People v Gnesin, 127 A.D.3d 652

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